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2025 DAILYLAW 77684 (ALL)

VINAY KUMAR SINGH AND 5 OTHERS v. State of U.P. AND ANOTHER

A482/23880/2024 · 2025-01-09

Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:6036 Court No. - 76 Case :- APPLICATION U/S 482 No. - 23880 of 2024 Applicant :- Vinay Kumar Singh And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Atul Tej Kulshrestha,Satya Prakash Singh,Vinay Singh Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicants, learned counsel for the opposite party no.2, learned A.G.A. for the State-respondent, and perused the record. 2. The instant application under Section 482 Cr.P.C. has been filed seeking to quash the entire proceedings of Sessions Trial No.1006 of 2022, titled State v. Vinay Kumar Singh and others, arising out of Case Crime No.110 of 2021, under Sections 147, 148, 149, 323, 325, 504, 506, 307, 308 IPC and Section 51 of the Disaster Management Act, Police Station Chhawani, District Basti. 3. Learned counsel for the applicants submits that the trial court has erroneously rejected the discharge application without properly considering the fact that the source of light at the scene and the recovery of the weapon are disputed. It is contended that these facts were not adequately addressed by the trial court while deciding the discharge application. 4. Learned counsel appearing for the opposite party no.2 submits that the injuries sustained by the opposite party no.2 clearly support the prosecution case, and the trial court has rightly rejected the discharge application. 5. Learned A.G.A. submits that the contentions raised by the learned counsel for the opposite party no.2 and the material on record prima facie support the prosecution's case, and all issues raised by the applicants are matters of evidence to be adjudicated during the trial. 6. After hearing learned counsel for the parties and upon perusal of the record, this Court is of the view that the issues raised by the applicants, including the source of light and the recovery of the weapon, are disputed questions of fact that cannot be conclusively adjudicated at this stage. The trial court, while rejecting the discharge application, has not committed any error apparent on the face of the record. Prima facie, the ingredients of the offenses alleged are made out, and the contentions raised by the applicants can be effectively examined during the trial. 7. In view of the foregoing deliberations, this Court finds no ground to interfere with the proceedings under its inherent jurisdiction under Section 482 Cr.P.C. The application is devoid of merit and is, accordingly, dismissed. Order Date :- 9.1.2025 Anil K. Sharma Justice Vinod Diwakar Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad